scholarly journals Bases constitucionales del derecho administrativo uruguayo. / Constitutional bases of uruguayan administrative law.

2021 ◽  
pp. 23-37
Author(s):  
Miguel Pezzutti
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Constitutional Law ◽  
Human Person ◽  
Executive Branch ◽  
Administrative Law ◽  
Coherent System ◽  
Administrative Management

El artículo tiene por objetivo identificar los vínculos del Derecho Administrativo con el Derecho Constitucional en Uruguay, efectuando además algunas referencias comparativas con el Derecho Argentino. Enfoca en las raíces constitucionales de la Administración Pública en el Derecho Uruguayo basadas en la idea de centralidad de la persona humana. Analiza las fuentes del Derecho Administrativo reconocidas en el texto constitucional, así como importancia de los Principios Generales en la construcción de un sistema organizado y coherente. Con relación a la organización, se analiza la posición institucional del Poder Ejecutivo y las distintas formas de gestión administrativa, en particular las descentralizadas. Partiendo de los principios generales, se analiza la normativa relativa a la actividad administrativa y la importancia de los medios de defensa de las situaciones jurídicas de los particulares, así como las bases del servicio público.AbstractThe article aims to identify the links between Administrative Law and Constitutional Law in Uruguay, also making some comparative references with Argentine Law. It focuses on the constitutional roots of Public Administration in Uruguayan Law based on the idea of centrality of the human person. It analyzes the sources of Administrative Law recognized in the constitutional text, as well as the importance of the General Principles in the construction of an organized and coherent system. Regarding the organization, the institutional position of the Executive Branch and the diferent forms of administrative management,  particularly  decentralized ones, are analyzed. Starting from the general principles, the regulations relating to administrative activity and the importance of the means of defense of the legal situations of individuals are analyzed, as well as the bases of public service.

scholarly journals Boa administração: um direito fundamental a ser efetivado em prol de uma gestão pública eficiente

2018 ◽  
Vol 277 (3) ◽  
pp. 105
Author(s):  
Salomão Ismail Filho
Keyword(s):  
Public Service ◽  
Constitutional Law ◽  
Public Management ◽  
Good Governance ◽  
Human Person ◽  
Administrative Law ◽  
The State ◽  
The Public ◽  
Definition Of ◽  
Right To Good Administration

<p>Good administration: fundamental right to be implemented in favor of efficient public management</p><p> </p><p>O direito administrativo moderno encontra-se intrinsecamente relacionado com o direito constitucional. Uma consequência de tal relação é o direito fundamental a uma boa administração. O conceito de boa governança, de caráter mais amplo e multidisciplinar, e o princípio da eficiência auxiliam na definição daquilo que seja uma boa administração no serviço público. É dever do gestor público/decisor político atender aos objetivos fundamentais da Constituição por meio de uma administração que concilie os custos orçamentários com os interesses e necessidades do administrado, ou seja, a pessoa humana, razão de ser do Estado.</p><p> </p><p>Modern administrative law is intrinsically related to constitutional law. One consequence would be the so-called fundamental right to good administration. The concept of good governance, broader and multidisciplinary, and the principle of efficiency help in the definition of what good administration is in the public service. The public and political manager has the duty to comply the fundamental objectives of Constitution through a management that reconciles the budget costs with interests and needs of the administered, that is, the human person, reason for existence of the State.</p>

scholarly journals “Public Administration” in the Latvian and Ukrainian Administrative and Legal Traditions

2020 ◽  
Vol 2 (17) ◽  
pp. 66-71
Author(s):  
Elena Agapova ◽  
Karina Palkova
Keyword(s):  
Public Administration ◽  
Executive Branch ◽  
Administrative Law ◽  
Administrative Procedure ◽  
Legal Traditions ◽  
American Law ◽  
Governmental Power ◽  
The Law ◽  
The Republic ◽  
Eastern European Countries

Public administration has been studied in this article from the position of administrative and legal science. The implementation of great contribution in the formation of “Public administration” theory by American law schools, which have provided a basis of modern scientific approaches, has been emphasised by the Author. During the analysis of Ukrainian and Latvian scientists’ approaches remarks on understanding of public administration, strong connection between administrative law and public administration has been revealed by the Authors. It has been established that both Latvian and Ukrainian administrative law scientists have similar approaches to understanding public administration. It has been identified as the form of realisation of the executive branch of governmental power. The functioning of public administration in the Republic of Latvia is based on the principles of the rule of law. The Author stresses that Ukraine, during holding on the reform of public administration, applies SIGMA recommendations (Support for Improvement in Governance and Management in Central and Eastern European Countries). The efficiency of the SIGMA programme in Ukraine has been proved, within the framework of which Ukrainian legislation has been brought into line and new laws have been adopted (the Law of Ukraine On Civil Service, the Law of Ukraine On Administrative Procedure). It is concluded that administrative law is one of the main tools through which public administration is carried out in the Republic of Latvia and Ukraine. Rakstā ir analizēts valsts pārvaldes institūts un tā kopīgās un atšķirīgās iezīmes Latvijas un Ukrainas kontekstā, veicot zinātnieku viedokļu analīzi un īpaši uzsverot lielo Amerikas Savienoto Valstu zinātnisko ieguldījumu valsts pārvaldes teorijas veidošanā, kas ir pamats mūsdienu zinātniskajām pieejām. Saskaņā ar Valsts pārvaldes iekārtas likumu Latvijā valsts pārvalde ir organizēta vienotā hierarhiskā sistēmā, un neviena iestāde vai pārvaldes amatpersona nevar atrasties ārpus šīs sistēmas. Valsts pārvaldes darbība Latvijā balstās uz likuma varas principiem. Savukārt Ukrainas pieeja valsts pārvaldes politikas īstenošanai ir atšķirīga, respektīvi, pārvaldes reformas ietvaros Ukraina īsteno SIGMA (Support for Improvement in Governance and Management) sniegtus ieteikumus, kā rezultātā Ukrainas tiesību aktos ir veiktas jaunas iestrādes un pieņemta virkne jaunu likumu, piemēram, Ukrainas likums “Par civildienestu” un Ukrainas likums “Par administratīvo procesu”. Darba nobeigumā secināts, ka, neraugoties uz valstu tiesību sistēmu atšķirībām, administratīvās tiesības ir viens no galvenajiem instrumentiem, ar kuru starpniecību Latvijas Republikā un Ukrainā tiek realizēta valsts pārvaldes funkcija.

scholarly journals Charakter prawny wyroków wydawanych przez Krajową Izbę Odwoławczą

2018 ◽  
pp. 147-167
Author(s):  
Konrad Różowicz
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Civil Law ◽  
Administrative Law ◽  
Practical Significance ◽  
Coherent System ◽  
National Board ◽  
Judicial Decisions ◽  
Legal Nature ◽  
The Common

The regulation of the legal nature of an appeal proceeding or a judgment crowning the proceeding is ambiguous and unclear. The National Appeals Chamber which issues a judgment decides upon the validity of a contract, the obligations of the contracting authority, financial penalties, and, indirectly, the actions taken by contractors. The influence of such decisions is of theoretical and practical significance and justifies an analysis presented in the paper. Thus the constitutive features of judgments handed down by a public administration body have been analysed and compared with typical forms of law enforcement (judicial decisions of the common courts, decisions issued by arbitration courts and individual administrative decisions). The latter have been given particular attention. The deliberations were based on the position of the doctrine of the law on public procurements, provisions of civil law and administrative law, as well as judicial decisions and judgments issued by the National Appeals Chamber. These were then analysed in the light of normative regulations of the Act on Public Procurements. The analysis revealed a multitude of problems resulting from the adoption by the legislature of atypical forms of action by the National Board of Appeal. The analysis provides the basis for further research aimed to create a coherent system regulating public procurements to ensure its proper functioning and to reduce the possibility of further interpretative problems.

scholarly journals O substancialismo jurídico na administração pública concretista de direitos fundamentais: a juridicidade administrativa como instrumento de justiça constitucional | Legal “substantialism” in public administration concretist of fundamental rights: The administrative legality as a constitutional instrument of Justice

KPGT_dlutz_1 ◽  
2017 ◽  
Vol 31 (2) ◽  
pp. 304
Author(s):  
Sandro Lúcio Dezan ◽  
Ricarlos Almagro Vitoriano Cunha
Keyword(s):  
Decision Making ◽  
Public Administration ◽  
Constitutional Law ◽  
Administrative Law ◽  
Fundamental Rights ◽  
The Public ◽  
Democratic State ◽  
Constitutional Justice ◽  
Initial Line

Resumo: o presente texto tem por finalidade definir o papel da Administração Pública na interpretação e na aplicação do texto constitucional, no que respeita à concreção de direitos fundamentais em países de modernidade tardia, sob o amparo da tensão existente entre o que se denominou de procedimentalismo e de substancialismo jurídico. Busca-se, em linhas iniciais abordar os contornos da tendência de legitimação da função jurídica administrativa de caráter constitucional contramajoritário, a aferir uma nova e importante tarefa ao Estado-executivo, para além de sua comum concepção de “fiel executor da lei”, de modo a concluir que a justiça constitucional envolve a jurisdição (por meio do Poder Judiciário) e a juridicidade (por meio da Administração Pública). Sob essa última perspectiva, busca-se assinalar que a aplicação e concreção do direito também é tarefa da Administração Pública, no âmbito de sua função atípica decisional, ditada pelo próprio texto constitucional, legitimador e impositivo das ações valorativas substanciais no âmbito do Estado Democrático de Direito. Palavras-chave: Direito Constitucional. Direito Administrativo. Democracia. Princípio da juridicidade administrativa. Procedimentalismo. Substancialismo. Abstract: The purpose of this text is to define the role of the Public Administration in the interpretation and application of the constitutional text with regard to the realization of fundamental rights in countries of late modernity, under the protection of the tension between what was called “proceduralism” and “legal substantiality”. In an initial line, it seeks to address the contours of the tendency to legitimize the administrative-legal function of a countermajoritarian constitutional character, to assess a new and important task for the Executive State, in addition to its common conception of "faithful executor of the law". In order to conclude that constitutional justice involves jurisdiction (through the Judiciary) and “juridicialism” (through Public Administration). Under this latter perspective, this paper points out that the application and the scope of its atypical decision-making function, dictated by the constitutional text itself, legitimating and imposing substantial value actions within the Democratic State of Law. Keywords: Administrative Law. Constitutional Law. Democracy. Principle of administrative juridicialism. Proceduralism. Substantialism.

Israeli Administrative Law at the Crossroads: Between the English Model and the American Model

2007 ◽  
Vol 40 (1) ◽  
pp. 56-71 ◽  
Author(s):  
Daphne Barak-Erez
Keyword(s):  
Human Rights ◽  
Constitutional Law ◽  
Central Government ◽  
Radical Change ◽  
Executive Branch ◽  
Administrative Law ◽  
Basic Law ◽  
Two Factors ◽  
Protection Of Human Rights ◽  
The One

Administrative law in Israel is at the crossroads. Historically, Israeli administrative law was born from English administrative law and like its English counterpart was developed against the background of two significant factors: the relative dearth of constitutional law concerning the protection of human rights on the one hand, and the power of the central government on the other. These two factors had traditionally contributed to the centrality of administrative law that underwent a radical change. First, constitutional law is now an independent source for the recognition and enforcement of human rights following the enactment of new basic laws on human rights—Basic Law: Freedom of Occupation and Basic Law: Human Dignity and Liberty. Second, privatization has changed completely the scope and pattern of activities conducted by administrative agencies in both countries.This Article discusses the developments in Israeli administrative law as a result of these changes. In this context, it also evaluates the potential recourse to American administrative law, which has grown in the context of a well developed constitutional law and a relatively low level of government activity in the economic sphere.The Article argues that the main focus of administrative law—in contrast to constitutional law—should be on the protection of interests (that are not considered human rights), on distributive justice, on procedural justice (in the context of bureaucratic decision-making) and on a broader scope of review (not limited to the protection of human rights), with a special emphasis on the executive branch. In the context of adapting to privatization, it also argues that administrative law should strengthen its focus on the challenge of regulation, on the protection of social rights and on the duties of “mixed” bodies, which are, in many cases, the product of privatization.

ON DEFINITION OF THE CONCEPT OF PUBLIC ADMINISTRATION AS A SUBJECT AND AS A PROCESS

2017 ◽  
Author(s):  
Ihor Binko ◽  
Keyword(s):  
Public Administration ◽  
Organizational Structures ◽  
Executive Branch ◽  
Administrative Law ◽  
The State ◽  
State Budget ◽  
Public Power ◽  
Stage Of Development ◽  
The Government ◽  
Definition Of

The article attempts to differentiate between public administration as a subject of legal relations and as a relevant activity, a function that is inherent in it. It is stated that public administration as a separate legal institution within the framework of administrative law is at the stage of development in post-Soviet countries, including Ukraine, competing with theories and sciences of public administration, which a large number of experts recognize as inappropriate with modern public administration. and administration. At the same time, there is no unanimity of views, terminology is used, which has a double meaning. In the administrative law of Western European and North American countries, public administration is mainly defined as a set of bodies and institutions that exercise public power through the implementation of laws, regulations and other actions in the public interest. There are a large number of scientific definitions of public administration and public administration. The definition of "public administration" has the following closely related meanings - an integrated state apparatus (policies, rules, procedures, systems, organizational structures, staff, etc.), which is funded by the state budget and is responsible for managing and coordinating the executive branch and its interaction with other stakeholders in the state, society and the external environment; - management and implementation of various government measures related to the implementation of laws, regulations and decisions of the government and management related to the provision of public services. Thus, it would be logical to follow a structural approach, according to which public administration will be considered primarily as a set of state bodies and other public institutions designed to organize the effective functioning of society.

The Missing Piece: The Case for Administrative Law in the MSPA Curriculum

2017 ◽  
Vol 49 (5) ◽  
pp. 616-633 ◽  
Author(s):  
Naomi Caiden
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Public Service ◽  
Public Interest ◽  
The United States ◽  
Administrative Law ◽  
Academic Education ◽  
Public Servants ◽  
The Public ◽  
Democratic Administration

Why is administrative law so neglected in the curricula of graduate public administration in the United States? In the light of professed adherence to democratic administration and rule of law, this gap in the academic education of public service professionals seems surprising and somewhat disconcerting. Public servants are not only empowered but obligated by law to use the power of the state to make decisions and take actions in the public interest. Yet, study of the theory, processes, and practices of administrative law seems to play little or no part in their preparation for these tasks.

scholarly journals Charakter prawny wyroków wydawanych przez Krajową Izbę Odwoławczą

2019 ◽  
pp. 147-167
Author(s):  
Konrad Różowicz
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Civil Law ◽  
Administrative Law ◽  
Practical Significance ◽  
Coherent System ◽  
National Board ◽  
Judicial Decisions ◽  
Legal Nature ◽  
The Common

The regulation of the legal nature of an appeal proceeding or a judgment crowning the proceeding is ambiguous and unclear. The National Appeals Chamber which issues a judgment decides upon the validity of a contract, the obligations of the contracting authority, financial penalties, and, indirectly, the actions taken by contractors. The influence of such decisions is of theoretical and practical significance and justifies an analysis presented in the paper. Thus the constitutive features of judgments handed down by a public administration body have been analysed and compared with typical forms of law enforcement (judicial decisions of the common courts, decisions issued by arbitration courts and individual administrative decisions). The latter have been given particular attention. The deliberations were based on the position of the doctrine of the law on public procurements, provisions of civil law and administrative law, as well as judicial decisions and judgments issued by the National Appeals Chamber. These were then analysed in the light of normative regulations of the Act on Public Procurements. The analysis revealed a multitude of problems resulting from the adoption by the legislature of atypical forms of action by the National Board of Appeal. The analysis provides the basis for further research aimed to create a coherent system regulating public procurements to ensure its proper functioning and to reduce the possibility of further interpretative problems.

Hubungan Kemendagri dan Kemendes dalam Tata Desa dan Administrasi Desa

2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi
Keyword(s):  
Constitutional Law ◽  
Administrative Law ◽  
Point Of View ◽  
Legal Research ◽  
The Government ◽  
The Village ◽  
The Relationship

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.

The Effect of Public Office Values on Government Trust: Focusing on the Effects of Regulating the Level of Citizenship

2019 ◽  
Vol 118 (2) ◽  
pp. 35-42
Author(s):  
Nam-Sik Yun ◽  
Seok-Kee Lee
Keyword(s):  
Statistical Analysis ◽  
Public Administration ◽  
Public Service ◽  
Public Office ◽  
Institute Of Public Administration ◽  
Service Value ◽  
Korean Government ◽  
Government Sector ◽  
The Impact

Background/Objectives: The study discussed the impact of citizens' perceptions of public office values of integrity, accountability, and fairness, based on the view that government trust is centered on the citizens' perception of the value of public office.  Methods/Statistical analysis: The data was based on a 2017 survey conducted by the Korea Institute of Public Administration on the perception of corruption in the Korean government sector. The study included 1,000 people and was conducted through a survey public service value, citizenship level and government trust. The data were analyzed using the SPSS 22 and AMOS 22.0 program.

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